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  1. #1
    Join Date
    Feb 2007
    Posts
    59

    Exclamation Help Settling Back Injury and Foot Injury

    I have two injuries one is I severed my large toe and received a a rating from that because I have lose of sensation in it and a slight deformed. This was a year + of trouble going to doctors. Before I received any rating I injured my back which resulted in lower back surgery for a herniated disc. Now because of this new injury they are not wanting to give me settlement til I have finished with new injury and receive the rating for that one. Now the big problems I don't have feeling in right foot and because my job is to drive what happens if I get into wreck because I ca not feel the gas pedal and know how much pressure I am applying. I still have pain in my back and some discomfort in my leg from the nerves they are supposed to give me a rating at the end of the month. What would be an acceptable compensation, I am going to ask for perment care of the body parts. But I just want to get a feel for it when they start giving me figures and all. Or even what the percentages might be. Thank you for any and all help Because I don't want to get the shaft I have waited so long.

  2. #2
    Join Date
    Feb 2007
    Posts
    59

    Default Re: Help Settling Back Injury and Foot Injury

    Just found out today that a 10% ppd will be issued for my back. But still wondering what a good figure would be.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,744

    Exclamation Re: Help Settling Back Injury and Foot Injury

    IF you are not able to return to your pre-injury job, they may owe you a lot more money than the rating will pay!

    You need to talk to a good work comp lawyer in your state. An experienced work comp lawyer can help you determine exactly how much money you should be getting, based on the unique circumstances of your case.

    If you take the rating money at a time when you are unable to work, you may be depriving yourself of $100,000 or more in settlement money.

    If you cannot find a good comp lawyer locally, then I suggest you go to this site and search for one: www.wilg.org

    IF you cannot find a lawyer to help you, Slick, send me a private message and I will help you locate someone good with my lawyer directory resources.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  4. #4
    Join Date
    Feb 2007
    Posts
    59

    Lightbulb Re: Help Settling Back Injury and Foot Injury

    At the this time i am getting 10% for my back which occurred in 2006 which falls under the new cap law which only entitles me to 400 weeks at 10% times 66 2/3% times 1.5% which is the new cap law which will be the max for the injury i can receive as a settlement. My foot is 1% for the big toe and 2% for the foot which that is not capped because it happened inn 2005. but it is not worth much because of injury. The doctor released me no restrictions but as a driver i lose of sensation in my gas/brake foot, with that lose i need all the feelling i can get because i need to know how much pressure on the brake pedal because semi trucks jack knife from too much. but because doc says no restrictions company stands by it. but who knows what might happen just what could happen. all i know is all that surgery and pain will only get me $40,000 if i am lucky. and that is not worth it. These figures are from 3 lawyers it is because of the law that came out 2006 from the governor i guess they are out there to help the company not the worker. all my hopes for 6 figures are out the door because the people we put office are out to make the rich get richer. The good thing is if the law changes then i will have the option to reopen for a better settlement. so my hopes are not down just my belief in the system.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,744

    Red face Re: Help Settling Back Injury and Foot Injury

    Willie, I don't think the "caps" have anything to do with your ratings. I could be wrong, but I am not sure you have a full understanding of how the caps work. The rating is itself a limit on the benefit you get. Usually, "caps" will refer to how long you can draw TTD while you are out of work. The ratings are your PPD.

    The 1% for your toe and the 2% for your foot again should not have anything to do with caps. The toe and the foot each have a value expressed in weeks and if the foot is, say, 200 weeks, then your rating is 2% of 200 = 4 weeks multiplied by your compensation rate, equals your foot rating PPD money. That is the way it works in NC and most states.

    Better check with your lawyer and make sure you understand how all this stuff is calculated.

    By the way, no work comp system compensates for pain and suffering. You generally do not get a dime for pain. You only get paid for being out of work, and for the rating money. The fact that your doc released you to RTW without any restrictions is the biggest problem you have. That release greatly reduces your options.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  6. #6
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,744

    Default Re: Help Settling Back Injury and Foot Injury

    Slick Willy, you are absolutely correct about the politicians and who they want to help.

    It ain't the folks on this injured worker forum.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  7. #7
    Join Date
    Feb 2007
    Posts
    60

    Default Re: Help Settling Back Injury and Foot Injury

    if i understand you are in tennessee and the cap is 400 weeks at 1.5 but this is were you are going wrong in the state of tennessee if you can't perform your job anymore the cap is still 6 so being said that you could get between 400-2400 weeks of pay and if you are 10% thats 40 weeks but it might be multiplied by 6 that meens you could be missing out on 200 more weeks of pay for a total of 240 weeks I have a a lawyer in tennessee and i have been with him for over a year and he has been great he stays on top of everything and if you are a client he gives you his personal cell # how many do you know that do that if you want to speak with him let me know send me a pm

  8. #8
    Join Date
    Feb 2007
    Posts
    59

    Default Re: Help Settling Back Injury and Foot Injury

    Scheduled Injuries


    Thumb 60 weeks
    First or index finger 35 weeks
    Second or middle finger 30 weeks
    Third or ring finger 20 weeks
    Fourth or little finger 15 weeks
    Great toe 30 weeks
    Any other toe 10 weeks
    Hand 150 weeks
    Arm 200 weeks
    Foot 125 weeks
    Leg 200 weeks
    Eye 100 weeks
    Hearing (one ear) 75 weeks
    Hearing (both ears) 150 weeks
    *Body as a whole 400 weeks

    *The 400 weeks for body as a whole is
    used for a maximum for Permanent Partial
    Disability (PPD) but does not apply to
    Permanent Total Disability (PTD).

    Tennessee payment scedule for body parts. Because I was RTW no restrictions I only receive 1.5% times the amount

  9. #9
    Join Date
    Feb 2007
    Posts
    59

    Default Re: Help Settling Back Injury and Foot Injury

    http://198.187.128.12/tennessee/lpex...c3#JD_t50ch6p2

    Tennesssee laws on Workers comp and payment/ settlements and rights for the employee/employer

  10. #10
    Join Date
    Feb 2007
    Posts
    60

    Default Re: Help Settling Back Injury and Foot Injury

    slickwilly you are missing this by a mile yes the cap in tennessee was moved from 2.5 to 1.5 but the 6.0 cap is still in effect go look it up google tennessee work comp 6.0 multiplier it did not change bu there are a set of rules to were this is set in motion if you are hurt and can't do the same kind of work anymore then it comes into play. I will repeat one more time there is a 6.0 multiplier in effect right now today and if you dont want to look it up then fine loose your money i have tried to help you

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